Managing Director Ecil Hyderabad Etc. ... vs B. Karunakar Etc. Etc on 1 October, 1993
In ECIL vs. B. Karunakar (supra) and
Union of India vs. Y.S. Sadhu (2008) 12 SCC
30, the Supreme Court has held that where the
punishment awarded by the disciplinary authority is
quashed by the Court/Tribunal on some technical
ground, the authority must be given an opportunity
to conduct the enquiry afresh from the stage where
it stood before the alleged vulnerability surfaced.
However, for the purposes of holding fresh enquiry,
the delinquent is to be reinstated and could be put
under suspension. The question of back wages etc.,
is to be determined by the disciplinary authority in
accordance with law after the fresh enquiry is
concluded.